Functional separation in Sweden New remedy in the Electronic Communications Act Bo Andersson, 7th June 2008
Telecommunications in Sweden Population: 9 143 000 inhabitants GDP/cap in Sweden: $31 600 GDP/cap in Europe: $29 300 89 % use Fixed telephony 92 % use Mobile telephony 85 % use Internet 59 % use Broadband Internet Access 9 223 Revenue first half 2007 [ksek] 8 835-9% +8% 4 146 +6% 2 115 +2% Fixed voice Mobile Internet Data
Market shares broadband technical platforms LAN networks 16% 2.19 million fixed private customers Radio 0% Cable television 21% xdsl 63% Copper based access reaches approx. 100 % Cable-TV networks reaches approx. 60 % FFTB (FFTH) reaches approx. 30%. (In large extent in parallel with cable-tv networks)
Market shares xdsl access TDC Song 1,5% Övriga 6,5% 1,53 million subscriptions Tele2 Sverige 3,4% Spray Network 4,7% TeliaSonera 57,7% Glocalnet 8,2% Bredbandsbolaget 18,1%
Competition in the broadband market Large dependence on TeliaSonera s fixed access network (almost 100 per cent coverage) xdsl higher growth than other access solutions Deep mistrust in relation between TeliaSonera and its wholesale customers (competitors) Repeated disputes and long court proceedings, refusal to supply certain regulated wholesale products Effects for end-users less choice of broadband services unwillingness to change operators, bureaucracy, stop in delivery etc problems occur when transferring broadband subscription
Sweden, former European champion in court appeals?
What a wholesale access seeker in the Swedish broadband market has been facing 1(2) Denial of ULL from incumbent, subsequent establishment of incumbent s own xdsl operations Incumbent s retail services offered with shorter lead times than for wholesale customers Plans for xdsl roll-out made without consulting access seekers Doubled delivery period for competitors endusers compared with incumbent s own retail arm
What a wholesale access seeker in the Swedish broadband market has been facing 2(2) Shorter time frames for service and migration of incumbent s own end-users Ordering systems 50 per cent of all orders placed were not accepted (survey made in 2006) Refusal to supply bitstream access during 2.5 years No correct reference offer for bitstream access Gradually shutting down ADSL ATM resale product (that was provided on commercial terms)
PTS proposal give the NRA a mandate and a tool to impose functional separation In 2007 Government asked NRA to elaborate legislative proposal, amendment to the Electronic Communications Act, aiming at: enhanced protection against discrimination via separation and equality of input a possibility to accept voluntary undertakings Separation should target the fixed access network, mainly ULL and bitstream access Proposal should fit into the EU regulatory framework Study other national solutions (UK, New Zeeland, Italy, the Netherlands)
PTS proposal functional separation and equivalence new SMP-remedy Eliminate possibilities to discriminating behaviour and abuse of internal information Bottleneck access resources should be transferred to independent entity within the TeliaSonera group ( The access network company, could be a Ltd) Obligation for the access network company to treat all wholesale customers (including own retail arm) equally. All broadband operators to have access to same services, routines for ordering, information and support systems etc.
PTS proposal - organisational requirements a possibility Independent board and managing director Requirements on financial audit and compliance control to be revised by external auditor Rules on exchange of information, employment, bonuses and incentive programs etc. IT-systems separated from the rest of the group s organisation
Next steps Parliament supposed to adopt legislation 1H 2008 Implementation in market reviews during 2008-09 Market reactions 1: TeliaSonera has initiated certain measures to rectify wholesale problems on ULL market Market reactions 2: Wholesale customers slightly optimistic. Underline the importance of Chinese walls to re-establish a confident relation with incumbent.
Actions taken from TeliaSonera Creation of independent entity TeliaSonera Skanova Access AB Start of business January 1st, 2008 Fully owned by TeliaSonera Skanova Access will sell access to copper and related access networks on equal terms All broadband operators will have access to same service level, information and support (including TeliaSonera s own retail arm) Introduction of an Equality Access Board (EAB) which will ensure equal treatment and independence from TeliaSonera Assurance that Skanova Access is to treat all wholesale customers (including TeliaSonera retail arm) equally
What is missing in the access network company? Independence from rest of organisation (for example an independent board) Bitstream products are not included Great uncertainty regarding the intentions of TeliaSonera among whole sale customers: Why should we trust TeliaSonera this time? The market needs predictability
Thank you for your attention! bo.andersson@pts.se